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In a process for teinds libelling the fifth part of the rent, the defenders produce a decree of valuation, against which the allegeance was found relevant, that it was a deserted right, never having taken effect by payment, but tacks accepted by the defenders, and duties paid by them thereafter to a greater quantity.
Fol. Dic. v. 2. p. 428. Stair.
*** This case is No. 45. p. 14061. voce Res inter alios.